# Katalin Novák presidential pardon scandal

The Katalin Novák presidential pardon scandal erupted on 2 February 2024, when it was revealed that in 2023, President of Hungary Katalin Novák pardoned Endre Kónya, the former deputy director of the Kossuth Zsuzsa Children's Home in Bicske, who was convicted of helping to cover up the pedophile crimes of his superior by forcing one of the victims to withdraw their confession. The case caused a major public outcry, and led to Novák's resignation as President of Hungary on 10 February 2024. Shortly afterwards, former Minister of Justice Judit Varga also resigned, both from her parliamentary seat and from her role as leader of the Fidesz list for the European Parliament election. It was she who, as Justice Minister, countersigned Katalin Novák's pardon decision. Following Novák's resignation, Tamás Sulyok took an oath to become her successor on 26 February.

## The Bicske children's home case

Between 2004 and 2016, the director of the Kossuth Zsuzsa Children's Home in Bicske, János Vásárhelyi, was accused of forcing 10 minors to perform oral sex in exchange for various concessions. In 2016, after one of the victims committed suicide, another abused boy alerted his child protection guardian about the abuse, who immediately moved him to another children's home without further investigation. Deputy Director Endre Kónya then blackmailed the child that if he did not withdraw his confession, his cousin would also be relocated. The deputy director was convicted of coercion at the first trial in 2019 and at the appeal trial in 2021, for which he received a 3-year 4-month prison sentence, with a five-year ban from his profession and from public office as an additional punishment. The director was sentenced to 8 years' imprisonment.

## The pardon
### Legal background

The clemency procedure in Hungary is initiated either ex officio or on the basis of a written request signed by the person concerned. An application for pardon may be made by the accused, the defence, the legal representative of the accused or a relative of the accused. The court shall submit the request for pardon to the Minister of Justice within eight days who in all cases, countersigns and submits the request for pardon to the President. The President decides on the merits of the request, and may decide to grant the pardon without stating his/her grounds. The decision of the President takes effect on the day of the pardon decision, but the Minister's countersignature is required for the decision to be valid. Pardon decisions are not revocable and final, and are in principle not public and are not published anywhere. However, Katalin Novák has previously given a brief explanation in such cases, and this is not prohibited by law.

### The granting of pardon

The Hungarian news publication 444.hu first reported on 2 February 2024 that according to a document available in the Collection of Court Decisions the President of Hungary Katalin Novák granted a presidential pardon to the former deputy director of the Bicske children's home, Endre Kónya on 27 April 2023 according the decision of the Curia of Hungary of September 2023. On that day, Novak granted a total of 22 pardons, which she justified by Pope Francis' pastoral visit to Hungary. The deputy director challenged his sentence in a third appeal in parallel with the application for pardon. The decision on the pardon was taken during the Curia proceedings and was included in the text of the September third appeal decision. The deputy director was under house arrest at the time of the pardon decision, with 9 months remaining on his sentence. The pardon decision suspended the remainder of the sentence of imprisonment imposed in the case for a probationary period of 5 years and waived the remainder of the sentence of prohibition from public office, and exempted him from the criminal record disqualifications in relation to the conviction.
In an article published on 11 February, Telex.hu and Direkt36.hu reported that Novák's former superior, former Reformed bishop and minister Zoltán Balog, urged the acceptance of Kónya's pardon request. It is known that Balog also nominated the later convicted director of the foster home for a state medal in 2016, and Balog himself became a member of Novák's presidential advisory board. According to sources familiar with the two, Balog, after leaving the government, had considerable influence on Novák in the Sándor Palace, while according to the law, the position of President of Hungary must function independently of any other branch of power, including the church. According to these sources, those involved in the clemency process did not think that the granting of the pardon would come to light. Meanwhile, it has also emerged that Balog had arranged a meeting between Novák and Endre Kónya's wife. On 13 February, Balog responded to the allegations, saying that he had not submitted the request for clemency, but that he had been consulted and had decided to support it, which he had done wrong, but he apologised to those he believed he owed an apology to, while also claiming the President of Hungary took her decision independently of him in a sovereign manner.

## Reactions

When Kónya's pardon—later thought to have been issued under pressure from Zoltán Balog, Novák's mentor and synodal president of the Hungarian Reformed Church—was made public on 2 February 2024, national controversy ensued, becoming known as the "pardon affair" (Hungarian: kegyelmi-ügy). Protests erupted in Budapest demanding Novák's resignation, with commentators viewing the scandal as damaging to Fidesz's credibility as a defender of traditional family values.
On 9 February, Novák cut short her attendance at the World Water Polo Championships in Qatar and flew home to Budapest, where she announced her resignation on 10 February. In her resignation address, she apologized to Kónya's victims. Judit Varga, who was serving as Minister of Justice in 2023 and had countersigned the pardon, also resigned as a member of parliament and withdrew her candidacy for member of the European Parliament in the 2024 election. In response, the Prime Minister of Hungary, Viktor Orbán said he would introduce a constitutional amendment to bar convicted child abusers from receiving clemency. As part of the fallout from the scandal, Balog resigned from the synodal presidency of the Hungarian Reformed Church on 16 February 2024.
On 10 February, Péter Magyar, Judit Varga's ex-husband, announced his resignation from all public positions and sharply criticized Fidesz political figures, especially Antal Rogán, accusing them of "hiding behind women's skirts," referring to his ex-wife and Novák. In an interview published on 11 February, Magyar mentioned that his ex-wife did not support Kónya's clemency request as a minister, but he did not know why she signed it if she was against it.
On 16 February, a large demonstration was held on Heroes' Square in Budapest, organized by several celebrities and public figures, including famous Hungarian singer Azahriah. The demonstration was supported by more than a hundred celebrities and public figures, with estimates of 50,000 to 160,000 participants.
By law, the National Assembly had to accept her resignation before it could take effect. There is no line of succession under Hungarian law; instead, when a vacancy occurs, the speaker of the National Assembly (at the time of her resignation László Kövér) performs the duties of acting president until a permanent successor is inaugurated. On 26 February, the National Assembly accepted Novák's resignation and elected Tamás Sulyok to succeed her.